OK, some clarity for you on the latest chapter of the Victory Records v Hawthorne Heights dispute that we reported on earlier this week. As previously reported, the US independent launched legal proceedings this week against EMI's Virgin US division over those much previously made allegations that the major interfered in the indie's still-in-force contractual arrangement with the emo rockers by offering them an alternative recording contract, and assistance in getting out of their Victory deal.
The story was a bit confusing because Victory had already launched a lawsuit against Virgin in relation to this squabble back in November 2006. But, according to Billboard, it seems that the original lawsuit, filed in the Chicago courts, was voluntarily dismissed by the indie last July, but with a proviso that new proceedings could still be filed. The new lawsuit has been filed through the New York courts.
Why the indie decided to dismiss the original lawsuit, why they have re-filed through a different court, and whether they deliberately timed the second lawsuit for a week when all eyes were already on EMI, isn't clear.
At the time of the original lawsuit against them EMI said they did not believe Victory had a case. The major's lawyers are sure to point out Hawthorne Heights have never actually recorded anything for Virgin, and therefore the EMI Group cannot be accused of actual third party interference in the indie's contract with Hawthorne Heights.
Recognising that fact, Victory's press release on the matter this week noted that by merely negotiating with the emo types the major destroyed the Victory team's personal relationship with the band, which has prevented them from collaborating with them on a new album, even though the band are contractually obliged to deliver one. The press statement read: "Although the band never recorded for Virgin/EMI for unrelated reasons, the lawsuit notes that the band's relationship with Victory has been irreconcilably cloven and the damages to Victory had already occurred due to the actions of Virgin/EMI".
As also previously reported, Victory's legal spat with the band themselves continues to work its way through the Chicago courts.